Op-ed: The law’s country club

  • By Bob Franken
  • Monday, July 16, 2018 2:47pm
  • Opinion

Is it possible that only Ivy League law schools produce attorneys who have what it takes to climb to the top of this country’s jurisprudence heap? This heap’s pinnacle, of course, is the U.S. Supreme Court. Apparently, we have evolved to a nation where the SCOTUS ivory tower is exclusively the Ivy tower. Even President Donald Trump. the rabble rouser in chief, is said to have factored in Brett Kavanaugh’s Yale pedigree when he chose him for another new haven. Assuming the Senate complies, he will cluster with the Supremes: five Harvard, three other Yalies and one (Ginsburg) who attended Harvard Law before switching to Columbia. Kavanaugh would replace Anthony Kennedy, who is a Harvard alum, so Yale would pick up an elite seat. Isn’t diversity great?

But are those universities so inherently superior, particularly when you consider the fact that Trump graduated from one (Penn), and George W. Bush got his degree from Yale? Maybe sometimes it just doesn’t take. But is it that or is it that the Ivies are overrated, or that some of the others are underrated?

Even if you set aside Stanford, which many describe as just a West Coast Ivy, with Sandra Day O’Connor and William Rehnquist as alums, what about the University of Michigan or Virginia, not to mention Georgetown? They are among many with sterling programs. And let’s not overlook Ohio State, Arizona State and Deep State (I just wanted to make sure you were paying attention). Those programs graduate scads of brilliant lawyers. But they’re still not regarded as the super-elites. Maybe that’s Ivy League self-serving PR. Maybe the critics are correct when they charge that the most important courses at any of them include Hubris, Entitlement and, most important of all, Networking. Look no further than the Supremes.

I remember sitting in a green room with a former news type who had escaped the frenetic riffraff world of reporting, and now was enjoying the leisurely, elegant life as an academic at Princeton. What classes he taught obviously had to do with journalism. Making small talk, I insincerely commented that he must enjoy the stimulation of interacting with and molding fresh student minds, particularly the brightest of the bright, in an Ivy league school.

“Not really,” he snapped, “Most of these kids just got into Princeton because they did what they’re told.” He meant that they grew up excelling at sucking up to all their teachers; not making waves, and getting high grades as a result. Either that or they were admitted because the parents were willing to make a huge contribution to the already heavily endowed institution of higher learning.

What can get lost in all this is the common touch and common sense. When it is automatically assumed that brilliance can shine only overhead, we fail to illuminate the worthy experience of those who labor below. Life at the top is insular.

One could make a similar argument about the exclusive private schools in this country, the primary and secondary ones where the children of privilege get their formative educations. There are at least two problems: their inherent snobbery, along with the neglect and deterioration of public schools, particularly in cities where you have concentrations of the poor. Since well-off and influential parents can afford the tuition charged by these upper-crust bastions, they don’t have to wield their power and knowledge of the levers that need pulling on behalf of public schools — something they might feel compelled to do if their offspring attended. Instead, they simply turn to their scholastic country clubs, where the closest brush the kiddies will have with diversity is the janitors.

What we have created in this nation is a nearly impenetrable caste system. At the Supreme Court, society’s rules are ultimately interpreted by justices who were indoctrinated by their education to protect the advantages of the ruling class. Yes, a number of them are progressive, a dwindling number. But their Ivy League advantage is really the disadvantage of intellectual inbreeding.

More in Opinion

Screenshot. (https://dps.alaska.gov/ast/vpso/home)
Opinion: Strengthening Alaska’s public safety: Recent growth in the VPSO program

The number of VPSOs working in our remote communities has grown to 79

Soldotna City Council member Linda Farnsworth-Hutchings participates in the Peninsula Clarion and KDLL candidate forum series, Thursday, Sept. 5, 2024, at the Soldotna Public Library in Soldotna, Alaska. (Photo by Erin Thompson/Peninsula Clarion)
Opinion: I’m a Soldotna Republican and will vote No on 2

Open primaries and ranked choice voting offer a way to put power back into the hands of voters, where it belongs

Nick Begich III campaign materials sit on tables ahead of a May 16, 2022, GOP debate held in Juneau. (Peter Segall / Juneau Empire file photo)
Opinion: North to a Brighter Future

The policies championed by the Biden/Harris Administration and their allies in Congress have made it harder for us to live the Alaskan way of life

Shrubs grow outside of the Kenai Courthouse on Monday, July 3, 2023, in Kenai, Alaska. (Ashlyn O’Hara/Peninsula Clarion)
Opinion: Vote yes to retain Judge Zeman and all judges on your ballot

Alaska’s state judges should never be chosen or rejected based on partisan political agendas

A vintage Underwood typewriter sits on a table on Tuesday, Feb. 22, 2022, at the Homer News in Homer, Alaska. (Photo by Michael Armstrong/Homer News)
Point of View: District 6 needs to return to representation before Vance

Since Vance’s election she has closely aligned herself with the far-right representatives from Mat-Su and Gov. Mike Dunleavy

The Anchor River flows in the Anchor Point State Recreation Area on Saturday, Aug. 5, 2023, in Anchor Point, Alaska. (Delcenia Cosman/Homer News)
Opinion: Help ensure Alaskans have rights to use, enjoy and care for rivers

It is discouraging to see the Department of Natural Resources seemingly on track to erode the public’s ability to protect vital water interests.

A sign directing voters to the Alaska Division of Elections polling place is seen in Kenai, Alaska, Monday, Oct. 21, 2024. (Photo by Erin Thompson/Peninsula Clarion)
Vote no on Ballot Measure 2

A yes vote would return Alaska to party controlled closed primaries and general elections in which the candidate need not win an outright majority to be elected.

Derrick Green (Courtesy photo)
Opinion: Ballot Measure 1 will help businesses and communities thrive

It would not be good for the health and safety of my staff, my customers, or my family if workers are too worried about missing pay to stay home when they are sick.

A sign warns of the presence of endangered Cook Inlet beluga whales at the Kenai Beach in Kenai, Alaska, on Monday, July 10, 2023. (Jake Dye/Peninsula Clarion)
Opinion: Could an unnecessary gold mine drive Cook Inlet belugas extinct?

An industrial port for the proposed Johnson Tract gold mine could decimate the bay

Cassie Lawver. Photo provided by Cassie Lawver
Point of View: A clear choice

Sarah Vance has consistently stood up for policies that reflect the needs of our district